ABC S/o
D.M. Cast , R/o Tehsil & District, Dadu.
…JUDGMENT
DEBTOR
Vs.
FDA S/o
M.D. Cast , R/o , Tehsil & District, Dadu.
…DECREE
HOLDER
EXECUTION OF MONEY DECREE
Respectfully Sheweth:
1) That this Hon’ble Court was pleased to grant decree for
recovery of loan amounting to Rs.5 lac to the decree holder.
2) That the petitioner decree holder has paid Rs. 3 lac as part
payment against the decree to the judgement debtor. An Acknowledgement/receipt
as obtained from the decree holder is placed at Annexure “A”.
3) That the payment has been paid out of the Court as such it is
necessary that the same should be certified by this Court.
It is
prayed that notice be issued to the respondent decree holder to appear and
certify having received Rs. 3 lac against receipt as mentioned above.
PRTITIONER/JUDGMENT
DEBTOR
Through
Counsel
Verification:
Verified on
oath at Dadu the 18th of September, 2010 that the contents of Para
No. 1-3 are true to the best of my knowledge and belief.
PRTITIONER/JUDGMENT
DEBTOR
EXECUTION OF MONEY DECREE
REPLY TO APPLICATION DATED .
Preliminary objection:
1) The application under reply is misconceived and mala fide
hence liable to be dismissed.
ON MERITS:
1) Admitted.
2) Denied to the effect that Rs. 3 lac was paid by the judgment
debtor was to satisfy the decree under reference. The sum of Rs. 3 lac was paid
on account of sale consideration for the vehicle purchased by the
applicant/judgement debtor and it has nothing to do with the satisfaction of
the decree.
3) Incorrect and denied.
It is
therefore respectfully prayer that this Hon’ble Court may be pleased to dismiss
the petition with costs.
RESPONDENT/DECREE
HOLDER
Through
Counsel
Verification:
Verified on
oath at Dadu the 18th of September, 2010 that the contents of Para
No. 1-3 are true to the best of my knowledge and along with preliminary
objection to the best of my information and belief.
RESPONDENT/DECREE
HOLDER
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